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Internet law can preserve some interesting issues for websites trying to enforce one-sided clauses in their Ts&Cs against Italian users.
We are used in the online world to accepting standard Ts&Cs of sale through a mere point & click. However, such practice can give rise to issues in case of agreements under an Italian law perspective.
Italian law prescribes that all the one-sided clauses of both B2B and B2C standard agreements (e.g. limitation of liability, termination without cause, contract modification, forum selection etc.) need to be executed in writing through the so called “double signature” by the party that has not drafted the agreement (i.e. the customer), otherwise such clauses are not enforceable against the party that has not drafted the Ts&Cs (i.e. the business).
Since in case of online transactions a written execution of standard Ts&Cs never occurs, ISPs face the risk of non-being able to enforce the abovementioned clauses against their customers in a potential dispute.
Also, the same issue comes up in the offline world in case – for instance -of shrinkwrap software licenses, contracts entered into through exchanges of emails, scanned agreements, faxes etc. and in case of any type of transaction involving standard agreements.
It is possible to adopt conducts aimed at minimising this Internet law risk, but there are no general solutions for the matter.
